5406 Leave Sharing

  • The district will establish and administer a leave sharing program through which eligible employees may donate excess leave for use by an eligible recipient who is suffering from, or has a relative or household member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition; who is a victim of domestic violence, sexual assault, or stalking; who is sick or temporally disabled because of pregnancy disability; who is on parental leave; or who has been called to service in the uniform services.

    Such a program is intended to extend leave benefits to an eligible recipient who otherwise would have to take leave without pay or terminate their employment with the district.

    The superintendent or designee is directed to develop a procedure for administering the leave sharing program in a manner consistent with state law and applicable collective bargaining agreements.

    In order to receive donated leave, the staff member must acknowledge and sign a statement reflecting that all donated leave must be repaid to the School District in the event it is determined the staff member is eligible for time loss compensation pursuant to Title 51 RCW at any time after receiving donated leave.

    Cross References:  
    Board Policy 5021         Applicability of Personnel Policies

    Legal References:   
    RCW 28A.400.380          Leave sharing program
    RCW 41.04.650-665      Leave sharing program
    Chapter 392-126           WAC Finance – Shared Leave

    Management Resources:
    Policy News, October 2004      Revisions to State Leave Sharing Program
    Policy News, August 1999        Staff may share person holiday
    Policy and Legal News               October 2010; May 2018

    ADOPTED: 10/24/1996
    REVISED: 9/24/98; 10/28/99; 2/26/04; 12/16/04; 12/16/10; 5/26/16; 5/23/19

    Procedure No. 5406P Leave Sharing
    A.  A district employee is eligible to receive donated leave if the following conditions are met: 

    1. The staff member suffers from, or has a relative or household member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition; is a victim of domestic violence, sexual assault, or stalking; needs time for parental leave; is sick or temporarily disabled because of pregnancy; or has been called to service in the uniformed services.
    2. The staff member’s condition or circumstance has caused or is likely to cause the staff member to:
      1. Go on leave – without pay status; or
      2. Terminate their employment;
    3. The staff member’s absence and the use of shared leave are justified by documentation;
    4. The staff member has depleted, or will shortly deplete, their annual leave and sick leave reserves (a staff member who is sick or temporarily disabled because of pregnancy or using parent leave does not have to deplete all annual and sick leave reserves; they can maintain up to 40 hours of annual leave and 40 hours of sick leave in reserve);
    5. The staff member has abided by district rules regarding sick leave use; and
    6. The staff member has diligently pursued and been found to be ineligible to receive industrial insurance benefits.

    The superintendent or designee will determine the amount of leave, if any, which a staff member may receive under this policy and procedure.  However, a staff member shall not receive more leave than the number of contracted days remaining in the current school year.  In the event that the condition requiring the employee’s absence continues beyond the current school year, the employee shall not receive a total of more than 522 days of donated leave during total district employment.

    B.  District employees may donate leave as follows:

    1. A staff member who has an accrued annual leave balance of more than ten (10) days may request that the superintendent or designee transfer a specified number of days to another person authorized to receive shared leave, or to the district’s annual leave pool. A staff member may not request leave to be transferred that would result in an accrued annual leave balance of fewer than ten (10) days;
    2. A donating staff member must retain a minimum of 176 hours of sick leave after the transfer;
    3. A staff member who does not accrue annual leave but who has an accrued sick leave balance of more than twenty-two (22) days may request that the Payroll Department transfer a specified amount of sick leave to another person authorized to receive shared leave, or to the district’s shared leave pool. A staff member may not request a transfer that would result in an accrued sick leave balance of fewer than twenty-two (22) days. Sick leave as defined in RCW 28A.400.300 means leaves for illness, injury and emergencies; 
    4. A staff member who receives personal holiday leave may request that the superintendent or designee transfer a specified amount of personal holiday leave to another person authorized to receive shared leave, or to the district’s shared leave pool. A staff member may request to transfer no more than the amount of personal holiday leave provided by RCW 1.16.050 during any calendar year;
    5. The number of leave days transferred will not exceed the amount authorized by the donating staff member;
    6. Any leave donated by a staff member which remains unused will be returned to the donor. To the extent administratively feasible, leave transferred by more than one staff member will be returned on pro-rata basis.

    C. Leave will be calculated on a day-donated and day-received basis.
    The shared leave recipient will be paid their regular rate of pay.  The dollar value of the leave will be converted from the donor to the recipient such that one day/hour of donated leave may cover more or less than one day/hour of the recipient’s salary.  The actual transfer of sick leave from the donor to the recipient will occur during the payroll period it is needed to pay the recipient’s regular base salary/wage.  The leave recipient will also receive the appropriate monthly insurance benefits while on shared leave.  However, the leave recipient does not receive benefits such as extracurricular stipends, premium pay, etc.  Sick leave which is donated will be processed in the order that it is received by the Payroll Department.
    D.  All leave must be donated voluntarily. No employee will be coerced, threatened, intimidated or financially induced into donating leave.
    E.  The district will require the employee or their legal representative to submit, prior to approval or disapproval, documentation from a licensed physician or other authorized health care practitioner verifying the severe or extraordinary nature, and expected duration of the condition. (WAC 392-126-095)

    ADOPTED: 10/24/1996
    REVISED: 9/24/98; 10/28/99; 12/16/04; 12/16/10; 9/22/11; 5/26/16; 5/23/19

5000 Policies